HomeMy WebLinkAbout09-24-07 Item 8B, Sheehy Property Recommendation
~
~HILLS
Request for Council Action
Prepared By:
Dept.:
Council Mtg. Date:
Final Action Needed By:
Michelle Olson fl?J)
Public Works .
Septernber24,.?007
N/A
Agenda Item:
8.8.
Amount:
Funding
!G9~-i1~.iT6~t!;;)'6':-R~qy-~-~'(_-_._---.-_..-_--_.-_-_-_.,. -.''.'.__u_":''___:''...:.;
: Moti'on--to supp'ort the PTRC recommendafion iOdesignaietheSheehy-propertyasapl.lblicpark,including--;:etiiining-ihee)dsiingtenniscoiirt'
land placing it on the City's hard court maintenance schedule.
:Slaf('Recom"men"da"fion:'"
iSiaff'recommends a motion to support the PTRC recommendation to designate the Sheehy property as a public park, including retaining
'existing tennis court and placing it on the City's hard court maintenance schedule.
9/18/07
as a
including retaining the existing tennis court placing it on City's
court maintenance schedule. The motion carried unanimously. In
the Committee suggested that the City consider adding benches for
: Supp.orting Documents: (attached)
i X Memo/Letter: Dated 9/19/07 from Michelle Olson, Parks and Recreation Manager
Resolution No.:
Ordinance No.:
Engineering Recommendation:
Attorney Recommendation:
X Other:
Staff report from 419/07, Minutes from 4/9107, resurface quotation, 2002 Parks, Trails, and Open Space
ref;()Il1t11EH"lcfati()n.. Estill1<ltet()r~I1'1(),,~tennisc()LJrt~.~ncf .~e:store to (lptHl ~P<lc.~~
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~
'"1'\~HILLS
MEMORANDUM
DATE:
September 19, 2007
Agenda Item: S.B.
TO: Honorable Mayor and City Council
Michelle Wolfe; City Administrator
FROM: Michelle Olson, Parks and Recreation Manager 1'l(([}
SUBJECT: Sheehy Tennis Court
BACKGROUND
On April 9, 2007, at a Regular City Council Meeting, City Staff presented infonnation on the
Sheehy Tennis Court that is located at 3168 Ridgewood Road. Staff has included the report
(Attachment 8B-l) and minutes (Attachment 8B-2) from that meeting for your inforn1ation. The
City accepted the Sheehy land with the tennis court in November of 1994 as a donation.
However, the Parks and Recreation Department had concerns regarding the condition of the
court. At that time, the City was worried about the liability risks involved with use of the tennis
court. For safety and liability reasons, the City placed a lock on the court until a decision on the
future of the court was made.
In September 1995, two members of the Arden Hills #3 Association requested private usage of
the Sheehy tennis court. After discussion of the details, including the cost of the restoration and
upkeep of the property, the possibility of selling, and the possibility of leasing, the City Council
directed staff to prepare a lease agreement for the property. The lease agreement was approved
in October of 1996 and expired in October of 2006.
At the April 9, 2007 Regular City Council Meeting, the Council approved a temporary lease
agreement with Arden Hills #3 Association from April 9, 2007 through December 31, 2007 for
exclusive use of the tennis court and directed staff to further evaluate all potential uses of the
site. A copy of the lease agreement is included within the staff report from April 9, 2007
(Attachment 8B-l). After further review, City Staff has identified four possible options for the
future use of this land:
1. Continue to lease use of the tennis court exclusively to the Arden Hills #3
Association. The current rental fee is set at $10.00 per year.
a. Keep lease at $10.00 per year with no additional stipulations.
b. Increase rental fee to a number agreed to by Council.
\\Metro-inet.us\ardenhills\PR&PW\Parks\Memos\Council MemoslSheehy Tennis Court Future
Options.doc
Sheehy Tennis Court Future Options
Page 2
c. Keep lease fee at $10.00 per year but include a maintenance agreement
that would require the association to be financially responsible for a
resurface to the court on the City's 6-8 year schedule. Staff did receive an
estimate from one vendor for $6,470.00 to resurface the court (quotation is
attached - Attachment 8B-3).
Staff has concerns regarding a City owned court being offered for use exclusively
by a private group. If a new lease agreement is considered, Stall recommends at
a minimum that the maintenance of the court be sTJecificallv addressed within the
agreement.
2. Open up this area as a public park and leave the tennis court.
Currently, the court has a padlock and is available only to association members.
If this land was designated as a public park, the court would be open to the
general public. The City would then assume all liability for the site. This would
be a simple process of adding the Sheehy property to our insurance. Benches
could be added near the site for enhanced nature viewing. If the City decides to
designate this as a public park, staff does recommend that this court be placed on
the City hard court maintenance schedule. Ajier speaking with the vendor that
examined the court, it was their opinion that the court could be maintained in a
safe and playable condition with regular resUlfaces. There are some areas of the
court that are in need of leveling due to the subgrade. However, these areas
could be managed by resurfacing on a regular schedule. Reconstructing the
courts would be problematic and costly due to the soil conditions under the court.
3. Tear out the tennis court and maintain the area as open space. The 2002
Parks, Trails, and Open Space Plan proposed to remove the tennis court, add
benches near wetland, maintain as open space, and explore the possibility of
adding unpaved trails (Attachment 8A-4).
Ajier site observations and research, staff has concluded that it seems highly
unlikely that a walking trail could be built in this area. The soil conditions and
the wetland would require a floating bridge or board walk and that would be a
velY high cost to construct. The estimate cost for City Staff to remove the tennis
courts is approximately $9.317.60. A breakdown of costs for this is includedfor
your review (Attachment 8B-5).
4. The City could order an appraisal of the area of the land that the tennis
court is located and offer to sell that portion to Arden Hills #3 Association.
There is no guarantee that the Association would be interested in purchasing this
portion of land. The Arden Hills #3 Association has expressed that their first
choice is for the tennis court to remain and for the Association to have use,
exclusive or not.
Sheehy Tennis Court Future Options
Page 3
PTRC RECOMMENDATION
At the September 18,2007 Parks, Trails, and Recreation Committee (PTRC) Meeting, the
Sheehy Tennis Court Future was discussed. After review of the options, the PTRC made a
motion to recommend the City designate the Sheehy property as a public park, including
retaining the existing tenniscourt and placing it on the City's hard court maintenance schedule.
The motion carried unanimously. In addition, the Committee suggested that the City consider
adding benches for nature viewing in the near future.
STAFF RECOMMENDA nON
Staff recommends approval of a motion to support the PTRC recommendation to designate the
Sheehy property as a public park, including retaining the existing tennis court and placing it on
the City's hard court maintenance schedule.
Sheehv Tennis Court Future Options
September 24. 2007
Attachment 8B-l:
Agenda Item 7 A from April 9, 2007 City Council Meeting
~
/],\~HILLS
MEMORANDUM
DATE:
April 4, 2007
Agenda Item: 7 A
TO:
Honorable Mayor and City Council
Michelle Wolfe; City Administrator
FROM:
1'1'r,
Michelle Olson, Parks and Recreation Manager .tI,U,
SUBJECT:
Sheehy Tennis Court Lease Agreement
Backz/'olllld
In March 2006, City staff received a phone call from a resident inquiring why the tennis court
located at 3168 Ridgewood Road was locked and posted as operated by Arden Hills #3
Association. At that time, due to the questions regarding why the Association was using this
court exclusively, the City placed a lock on the court and posted a sign that stated, for more
infol111ation about this coul1, please contact the City of Arden Hills. Staff was then contacted by
Todd Albertson, Board Member of the Arden Hills #3 Association. He stated that the
association had a lease agreement to have exclusive use of the courts and asked for the courts to
be unlocked.
The City Attorney and the Arden Hills #3 Association both forwarded to staff a copy of a lease
agreement that had been approved by the Arden Hills City Council on October 3, 1996. Under
the tel111S of the agreement, the Association was to pay the City of Arden Hills $10.00 annually
to rent the facility. The lease agreement was for a term of five years, renewable for an
additional five years per language stating that unless either party gave written notice of
cancellation at least twelve months prior to tel111ination of the initial five year lease, it
automatically renewed. The Association was responsible for the maintenance of the facility and
all improvement costs would be their responsibility. In addition, the Association was rcquired to
maintain comprehensive general liability coverage in an amount not less than $600,000 for each
occurrence and $600,000 for personal injury. A copy of the expired lease is included for your
reVIew.
Further research discovered that the $10.00 annual fee had never been paid and the City did not
have any record of the required insurance from the previous ten years. Mr. Todd Albertson does
assure the City that the association did carry the required insurance and each year, submitted this
to the City. Staff has been unable to locate this documentation. Association #3 did submit a
check on April 10,2006 for $100 for the past due amount in the lease agreement and provided
updated proof of insurance. The City unlocked the court at that time until October, 2006, when
\\Metro-inet.us\ardenhills\PR&PW\Parks\Memos\Council Memos\Sheehy Tennis Court Lease
Agreement.doc
City Council
Sheehy Tennis Court Lease Agreement
2
the lease expired. At that time, staff informed the Association to write a letter requesting their
intentions for the court. The Arden Hills Association #3 is interested in a renewal of the lease
agreement. A copy of the lease extension request is included for your review.
Staff has researched the history of this tennis court and does have reservations about entering
into another long tel111 lease agreement with the Association. Staff has concerns about the
maintenance of the court and the idea of a City owned court being offered for use exclusively by
a private group. The Association states that they do a spring and fall cleanup of the coul1 and
have a part time staff member clean the court once a week during the summer months. The court
is not level and appears to have several areas that have sunk due to the unstable base that it was
built on. There are trees overhanging the cOUl1, which causes leaves, branches, and debris to lie
on the cOUl1. This in tum hurts the quality of the surface. Cracks have begun to run the length of
the cOUl1. There are four light poles wired across the court that are not operational. Photos of
the court have been included for your review.
The following is the background of how the City acquired this tennis court and discussions that
took place at that time regarding future use of this land. Also, staff memos and City Council
minutes regarding this have been included for your review.
In January 1994, the City received a notice from Mr. James C. Shacker and Mr. C.E. Sheehy of
an interest to donate approximately 8.57 acres of property to the City of Arden I-!ills. The
propel1y was made up of primarily Type III and/or Type IV wetland. The area consisted of a
swamp/pond, cat tails, and scrub trees. A tennis cOUl1 was constructed in 1974/1975 in the SW
eOl11er of the property. All required pel111its (Rice Creek Watershed, Depat1ment of Natural
Resources, City Building Permit) were obtained prior to the filling of the area and the
construction of the tennis coul1.
Although the Parks and Recreation Depal1ment and Public Works Department found very little
park or recreational use for the Sheehy propel1y, the City Council accepted the donation in
November 1994. It was found that the development of the area was limited due to the wetland
delineation. The coul1s were in disrepair and in need of maintenance. The Parks and Recreation
Department found that the court may need to be removed because the soil conditions present
were not providing a stable base. The City was worried about the liability risks involved with
use of the tennis court. In 1995, the estimated in-kind labor cost to the City for demolishing the
tennis eOUl1 was estimated at 81,500-$2,000. For safety and liability reasons, the City plaeed a
10ek on the court until a decision on the future of the coul1 was made.
In September 1995, two members of the Arden Hills #3 Home Association requested private
usage of the Sheehy tennis court. After discussion of the details, including the cost of the
restoration and upkeep of the propel1y, the possibility of selling, and the possibility of leasing,
the City Council directed staff to prepare a lease agreement for the property.
Staff Recommendation
Staffrequests time to further evaluate all potential uses of this site. Therefore, staff recommends
approval of a temporary restated and amended lease agreement dated April 9, 2007 allowing
City Council
Sheehy Tennis Court Lease Agreement
3
Arden Hills Association #3 to have exclusive use of the Sheehy Tennis Court from April 9, 2007
until December 31, 2007. Staff will bring back a comprehensive rep0l1 to a future meeting for
further discussion.
Re{f/lested Action
A motion to approve a temporary restated and amended lease agreement dated April 9, 2007
allowing Arden Hills Association #3 to have exclusive use of the Sheehy Tennis Court from
April 9, 2007 until December 31,2007.
Sheehy Tennis Court
Attachment 7A-l:
Expired Lease Agreement dated October 3, 1996
2007
SE\T BY:PETERSON fRAM BERGMAN 3-1Hl6 ;10:06AM ;PETERSON fRAM BERGMA4
612 633 7833;# 2/ 5
LEASE AGREEMENT
1. 0 Parties. This Agreement is dated the-:s' rvl day of
('; r 10 Ii p R. , 1996, and is entered into by and
between the City of Arden Hills, a Minnesota municipal
corporation ("City") and the Arden Hills III Association, a
Minnesota non-profit corporation herein ("Assoc~a~~on").
2.0 Recitals.
A. The City is the fea owner of the following described
property situated in Ramsey County, Minnesota to-wit:
Lot 3, Block 8, Arden Hills No.3, except that
part described ae follows: Beginning at the
Northeast corner of said Lot 3; thence West
along the North line of said Lot 3 for 300
feet; thence South at right angles for 300
feet; thence East parallel to the North line
of said Lot 3 for 270 feet, more or less, to
the East line of said Lot 3; thence North
along the East line of said Lot 3 to the point
of beginning (herein the "Subject property").
B. The City does not have a short term use for the property.
C. The Association wishes to lease a portion of the Subject
Property for a tennis court and related facilities.
D. The City is willing to allow an interim Use of the
Subject Property pursuant to the terms of this Lease
Agreement.
3.0 Terms and Conditions. NOW, THEREFORE, in consideration of the
mutual undertakings herein expressed, the City and Association
agree as follows:
A. Property Subiect to Lease. The City hereby leases to the
Association that portion of the Subject Property
described on Exhibit A attached hereto, subject to any
and all existing easements.
1. Tennis Court Area. (Legal to be included.)
2. Access Area. (Legal to be included.)
B. Rent. As consideration for this Lease, the Association
shall pay the City rent in the amount of $10.00 per year.
The first payment shall be due upon the execution of this
Agreement and subsequent rental payments shall be due on
the anniversary date of the Agreement. In addition, the
Association shall pay the City any taxes or payments in
1
lieu of taxes required as a result of this Lease
including any such taxes payable the year following the
termination of this Lease if such tax payments cannot be
abated.
C. Term. This Lease shall be for a term of five (5) years
commencing on the lOth day of September, 1996, and shall
be automatically renew for an additional five (5) year
term unless either party gives written notice of
cancellation at least twelve (12) months prior to
termination of the initial five (5) year term.
D. Improvements. The Association shall pay for all costs
relating to improvement of the tennis court or access
areas. Plans and specifications for improvements shall
be reviewed and approved by the City Administrator. All
improvements constructed to the tennis court and access
areas shall become the property of the City.
E. Maintenance. All modifications to the tennis court area
and the access areas and all improvements made for the
Association's benefit shall be at the Association' s
expense and such improvements shall be maintained in a
good state of repair.
F. Tres1?ass. Repeated or continuous trespass upon the
remalning portions of the City property by members of the
Association or their guests shall be an event of default.
G. Insurance. The Association must maintain a comprehensive
general liability coverage which shall include, but not
be limited to, bodily injury, property damage and
personal injury. The comprehensive general liability
coverage shall be in an amount not less than $600,000 for
each occurrence and $600,000 for personal injuries.
These limits may be satisfied by the comprehensive
general liability coverage or in combination with an
umbrella or excess liability policy, provided coverage
afforded by the umbrella or excess policy is no less than
the underlying comprehensive general liability coverage.
The City shall be named as an additional insured on the
insurance policy.
The Association must keep in force during the term of
this Lease a policy covering damages to its property.
The amount of coverage shall be sufficient to replace the
damaged property, loss of use and comply with any other
appropriate City ordinances or regulations.
H. Hazardous Materials. The Association will be solely
responsible for and will defend, indemnify and hold the
City, its agents and employees harmless from and against
2
any and all claims, costs, and liabilities including
attorney's fees and costs, arising out of or in
connection with the cleanup or restoration of the tennis
court area and access area resulting from the
Association's use of hazardous materials; provided that
the Association shall have no responsibility or liability
for any condition existing prior to this Lease or for the
removal of any improvements specifically authorized by
the City. For purposes of this Agreement, "hazardous
materials" shall be interpreted broadly and specifically
includes, without limitation, asbestos, fuel, batteries,
or any hazardous substance, waste or materials as defined
in any federal, state or local environmental or safety
law or regulations including but not limited CERCLA. The
City represents that it has no knowledge of any hazardous
materials on the property.
I. Indemnification. The Association agrees to defend,
indemnify and hold the City harmless from any and all
costs, including reasonable attorney's fees, and claims
of liability or loss which arise out of the Association's
use and/or maintenance of the property except those which
arise from the negligence, willful misconduct or other
fault of the City.
J. Compliance with ReGulations. The Association and its
members shall use the tennis court and the access areas
in compliance with all of the City's regulations and in
a manner that does not create a nuisance for adjoining
property owners.
K. Default. A violation of terms of this Lease by the
Association or its members shall be an event of default.
If a default occurs, the City shall provide the
Association with a ten (10) day notice to cure such
default. Failure to cure the default within the
appropriate time shall result in an automatic termination
of the Lease.
L. Authoritv. Each party represents that they have been
authorized to enter into this Lease Agreement.
M. GoverninG Law. This Lease shall be construed in
accordance with the laws of the State of Minnesota.
N. Severability. If any term of this Lease is found to be
void or invalid, such invalidity shall not affect the
remaining terms of this Lease, which shall continue in
full force and effect.
3
IN WITNESS WHEREOF, the above-named parties have hereunto set
their hands.
b/ j/10450921. 001
9/10/96
By:
By:
ARDEN
By:
Its:
4
Brian Fritsln r
City Administrator
HILLS ASSOCIATION
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Sheehy Tennis Court
2007
Attachment 7A-2:
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Sheehv Tennis Court
2007
Attachment 7A-3:
Photos of Sheehy Tennis Court
Sheehv Tennis Court
2007
Attachment 7 A-4:
Historical Background Including:
Regular City Council Minutes from June 10, 1974
Memo [rom City Administrator dated January 10, 1994
City Council Work Session Minutes from January 20, 1994
City Council Work Session Minutes from September 21, 1995
Memo from City Administrator dated September 9, 1996
Mlnut0s of Roo~lar Couo~11 Meatlng
Page three
June 10, 1974
BuIlding Permit fOI- reconstructIon of a garage, as requested by
Andrew Hopkins.
Pat Sexton, owner of tho property adjacent to and south of the Hopkins
property, stated that ho feels the garage reconsTrucTloo wIll be a
bIg ImprovemenT, and ha9 no objecTIon to the requested variance.
.
After review of the plan presented, Wingert moved, seconded by
CrIchton, thaT the Coun~11 approve the variance and Issuance of
the Bui Idlng PermIt, as requested. MotIon carried unanimously.
Case No. 74-16, Cydl Sileehy - TennIs Court Building PermIt
~ Wingert reviewed the Rice Creek Watershed DistrIct stipulation that
It approves the 1120 cu. yds. of fill, as proposed, providIng that
four (4) sq. ft. o'f open space be dedicated for every I sq. ft. of
filled area (cannoT buIld on open space).
After discussion of the proposed tennIs court locatIon on the 8-acre
site, Wingert moved, seconded by Olmen, that the CouncIl approVe
issuance of the Bui Idlng PermIt and fill, as requested. MotIon
carried unanimously.
Case No. 74-17, McDonald's Corporation
Matter deferred to Council MeetIng of June 24, 1974, at request of
applicant.
Case No. 71-21, Arden Manor LIghting Change
WingerT reported that tile PlannIng CommissIon recommends Council
approval of the requestod change In lighting In Arden Manor, and
moved That the CouncIl .3pprove i'he subsTIi'utfon of Adjusta-post
Manufaci'urfng Company Sphere-lites 82301 with 12 ft. steel posts, In-
stead of the origInally apprvoed Weyerhauser '15S lIghts. MotIon
was seconded by Olmen and carried unanimously.
Case No. 13~42, L~m~L AdditIon - Preliminary Plat
WIngeri' reported that the Planning Commission does not recommend
approval of the amended PrelimInary Pla~ of Lamettl Addition be-
cause:
I. Trave I I ana of -oad has been narrowed to 28 feet (34'
required b'/ ordinance).
2. fire hydrant hai not been Indicated mid-way between cul-
de-sac and Snel ling Avenue as requested.
It was noted that a determInatIon has not been made by Mr. Lamettl
as to whether proposed ,;treets are to be dedIcated or privately
owned. Clerk Admlnlstr3tor was requested to ask Mr. Lamettl to
determIne this, and, If streets are to be dedicated, request that
the PrelimInary Plat be amended to Incorporate the 34 foot wide
travelway required; hyd-ani' to be Indicated, wheTher or not streets
are dedicated.
.
Bussarcj Court
CouncIl expressed conca.n re The adequacy of the storm sewer spl 11-
way, and requesTed that EngIneer Lund Inspect the construcTion for
~nrnnll~n~o wt+h Rf~~ ~rAAk WA+Ar~hArl nJ~tric~'s reouirements.
.
CITY OF l\RDEN' BILLS
~
DATE:
January 10, 1994
TO:
Dorothy Perscn, City ]<ilmiT'\i strater
t>,rJ./ t~ . f3F'
FRCM:
Brian Fritsinger, Dan Winkel, C;!ndy Severtson
SOBJECr :
Sheehy Property
As you know, the City received a notice fran Mr. Jarres C. Shacker and
Mr. C.E. Sheehy of an interest to donate appraxirrately 8.57 acres of
property to the City of Arden Hills. Staff has reviewed the letter and
the options available in regards to accepting this donation.
.
The property consists of prirrarily Type III and/or Type N wetland as
defined by the National Wetlands Inventory. The area consists of a
swarnp/p:md, cat tails and scrub trees. A tennis court was constructed
in 1974/1975 in the SW comer of the property. Permits fran Rice Creek
Watershed and Cepartrrent of Natural Resources were obtained prior to
filling the area to construct the tennis court.
The area has no direct access or linkages with any existing park trails
or system. Due to its wetland delineation, the area will rrost likely
rerrain open space. The soil conditions present on the site make it
highly unlikely that a walking trail could be built around the p:md.
Any filling of this area I'oOUld rrost likely require wetland mitigation at
a 2 to 1. ratio. At best, the area could be used as a passive open area
for wildlife viewing.
The Sheehy's have stated that the property is unbuildable. They also
have stated that water occasionally n= over and under the tennis
court. nus creates a situation of high rraintenance costs on the
courts . If acquired, Parks I'oOUld recartl'el1d rerroving the tennis courts
which \o,Ould be an expense to the City. The property is valued at
$11,200 and pays annual taxes of $280.00.
An estimate to derrolish and rerrove materials was prepared by r:an Winkel.
The tennis court fence I'oOUld be considered unsalvageable and I'oOUld need
to be disposed of at a steel carpany. The cost to the City for this
project I'oOUld be between $1500-2000. (nus includes in-kind laror and
equiprent expense.)
.
There I'oOUld be no l:enefit to either public \o,Orks or Planning/Econanic
CevelOJ:m2Ilt for the City to accept this prope..."ty. Parks and Recreation
could use the wetland area as passive open space. Should the City
Council decide to accept this donation, it needs to be approved by
Resolution and adopted by 2/3 of members. The resolution should express
all tenns in full.
BF:to
.
.
.
MINUTES
CITY OF ARDEN BILLS, MINNESOTA
WORXSESSION
January 20, 1994
4z30 P.M. - Publio Works Garage
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor Sather called
to order the City Council worksession at 4:35 p.m. Present:
Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone
and Dennis Probst. Also present were: city Accountant,
Terry Post; Community Planning Coordinator, Brian
Fritsinger; Public Works Superintendent, Dan Winkel; Park &
Recreation Director, Cynthia Severtson; City Administrator,
Dorothy Person; Terry Maurer and Greg Stonehouse, City
Engineers, and Recording Secretary, Renee Kaulfuss.
ADOPT AGENDA
MOTIONz
Probst moved, seconded by Aplikowski, to adopt the
January 20, 1994 worksession agenda as submitted.
Motion carried unanimously (5-0).
DISCUSSION - SHEEHY LAND DONATION OFFER TO CITY
Brian Fritsinger informed the Council that Cindy Severtson, Dan
Winkel and himself examined the property. Councilmember Probst
also visited the site with staff. At this time staff believes
the only possible use for this land would be as park space.
Ms. Severtson referred to her memo enclosed with the packet and
explained that the tennis court appears to be in need of repair.
Previously, the Sheehys described the court area as fairly wet
and broken up. This property is by definition a wetland area.
FUture use of the property is limited, but a floating walkway
could possibly be constructed to connect the area to a park
trail.
Councilmember Hicks asked when the tennis court was constructed.
Ms. Severtson stated it was constructed in 1974 or 1975.
Councilmember Hicks questioned whether the neighbors shoUld be
contacted to research if the neighborhood would be willing to
preserve the tennis court and perhaps assume the cost to preserve
the court. Ms. Severtson stated this could be an option if
chosen by the Council.
-
.
.
MINUTES
CITY OF ARDEN HILLS, MINNESOTA
WORKSESSION
SEPTEMBER 21, 1995
4:30 P.M. - CITY HALL, PUBLlC WORKS LUNCHROOM
CALL TO ORDERfROLL CALL
Pursuant to due caIl and notice thereof, Mayor Probst called to order the City Council
Worksession at 4:35 P.M. Present: CounciImembers Paul Malone; Dale Hicks; City
Administrator, Brian Fritsinger; Community Development Director, Kevin Ringwald;
Park & Recreation Director, Cynthia Walsh; Public Works Superintendent, Dwayne
Stafford; City Attorney; Jeny Filla, Homeowners Association Members; Tom Fabel,
Todd Albertson, and Fred Sutter; and Administrative Assistant, Shirley Evenson.
Beverly Aplikowski arrived at 4:45 P.M. and Susan Keirn was absent.
Adopt Agenda
Motion:
Mayor Dennis Probst moved and seconded by Councilmember Malone to
adopt the September 21,1995, Worksession Agenda as submitted. Motion
carried unanimously (3~).
TenniS Coi:irtILindevs Triangle
Two members of the Homeowners Association requested private usage of the
former ~!l"~x Tennl" COUit by their neighborhood. After discussion of the
details, including the possibility of selling the property, leasing, the cost of the
restoration and up-keep of the property, Mayor Probst indicated that because
the City has no immediate plans for the property, he would consider a formal
request by the representatives for the use of this site. Malone and Hicks
concurred. Their proposal will be discussed at a future Conneil Meeting after
Parks and Recreation Director, Cindy Walsh, has had an opportunity for review.
Ms. Walsh will also review with Attorney Filla all City parks to resolve
ownership and will contact Mr. Kenna to discuss acquiring Fee Title to the
Lindeys Triangle and Ridgewood Court park areas.
Agenda Item 3c
Pawn Shop Licensing
Kevin Ringwald, Community Development Director, presented matrices for
identifYing the issues associated with an application for pawn shop licensing
from several different communities.
-
.
.
CITY OF ARDEN HILLS
MEMORANDUM
DATE:
September 9, 1996
TO:
Brian Fritsinger, City Administrator
FROM:
C>~
Cindy S. Walsh, Parks & Recreation Director
SUBJECT:
Finalization of Tennis Court Lease Agreement
Background
The Arden Hills #3 Homeowners Association contaeted the City to inquire if the City would
lease the tennis court area to the Association. The Association would be responsible for
maintenance and use of the area.
The City Council received a draft of tIle lease agreement at the August 19, 1996 Council work
session. With the exception of a few minor ehanges, the lease appeared to be aeeeptable to the
Council.
Lease Agreement
The assoeiation will pay the City of Arden Hills $10.00 annually to rent the facility. The lease
agreement will be for a term of five years alld will automatically renew for an additional five
years unless either party gives written notice of eancellation at least 12 months prior to
termination of the initial five year lease. The Association will be responsible for the maintenance
of the facility. Thc faeility will be leased from the City in its present condition. All
improvement costs will be the responsibility of the Association.
A copy of the rcvised lease is enclosed for your review. The Association has had an opportunity
to review the lease. Representatives from the Association will be in attendance at the City
Council Meeting to allswer allY qucstions the Council may have.
Recommendation
Staff recommends approval of the lease of the former teiiliis coUrt to thc Arden Hills #3
Homeo\vners Association. Council should direct staff to execute all appropriate documents.
Enclosure: I
Sheehv Tennis Court
2007
Attachment 7 A-5:
Letter from Arden Hills Association #3 requesting new lease agreement dated
December 7, 2006
ARDEN HILLS NO,3 ,ISSOCI,\TION
December 7, 2006
Karen Barton
Community Development Director
City of Arden Hills
1245 \Xlest Highway 36
Arden Hills, J\IN 55112-5743
Karen,
Per your recommendation, and on behalf of the Arden I-I ills No, 3
Association ] am sending you this letter of intent to enter into a lease
agreement for a tennis court and related facilities located on Lot 3, Block 8, of
the ,\rden Hills No.3 subdivision that is currentlv owned by the City of Arden
Hills.
For the last 10 years we have had a lease agreement for the above listed
property with the City of Arden I-Ells. That agreement expired October 3,
2006. \Ve would like to enter into a similar agreement for the next 10 years. A
copy of the previous agreement has been attached for your review. Please
share this letter with the appropriate cit')' officials and advise me of the next
steps required for renewing a lease agreement.
Respectfully Submitted.
?'J,~/ ~
Todd :\Ibertson
Board '\Iember
:\rden I.Ells No.3 Association
1543 GLEN HILL](D. ARDEN HILLS/1I1N. 55112
PHONE (1-IOl\lE): 651-(>36-9398. (\XfORK): 651-731-5739
Sheehv Tennis Court
2007
Attachment 7 A-6:
Temporary restated and amended lease agreement dated April 9, 2007
LEASE AGREEMENT
1.0 Parties. This agreement is dated the ql<: day of AI' <' i \ ,
2007, and is entered into by and between the City of Arden Hills, a Minnesota
municipal corporation ("City") and the Arden Hills III Association, a Minnesota
non-profit corporation herein ("Association").
2.0 Recitals.
A. The City is the fee owner of the following described property
situated in Ramsey County, Minnesota to-wit:
Lot 3, Block 8, Arden Hills No.3, except that part
described as follows: Beginning at the Northeast
corner of said Lot 3; thence West along the North
line of said Lot 3 for 300 feet; thence South at right
angles for 300 feet; thence East parallel to the North
line of said Lot 3 for 270 feet. more or less, to the
Ease line of said Lot 3; thence North along the East
line of said Lot 3 to the point of beginning (herein
the "Property").
B. A portion of the Property is occupied by a tennis court and fencing;
and by an access to the tennis court area all is highlighted on
Exhibit A attached and incorporated ("Premises").
C. The Association wishes to lease the Premises from the City.
D. Pending its review of the City's park plan and park programs, the
City is willing to Lease the Preirjises to the Association.
,,' .
3.0 Terms and Conditions.
mutual undertakings herein
follows:
NOW THEREFORE, in consideration of the
expressed, the City and Association agree as
A.
Premises.
Association
Exhibit A.
The City hereby leases to the Association and the
Leases from the City the Premises as illustrated on
B. Rent. The Association shall pay the City 11/0.9!'- dollars upon
execution of this Lease by the parties.
C. Term. This Lease shall commence on the date upon which is
executed by the parties and shall continue until the day of
,2007.
D. Improvements. The Association shall pay for all costs relating to
the improvements to the tennis court or access areas. Plans and
specifications for the improvements shall be reviewed and
approved by the City Administrator. All improvements constructed
to the tennis court and access areas shall become the property of
the City.
E. Maintenance. All modifications to the tennis court area and the
access areas and all improvements made for the Association's
benefit shall be at the Association's expense and such
improvements shall be maintained in a good state of repair.
F. Trespass. Repeated or continuous trespass upon the remaining
portions of the City property ,by members of the Association or their
guests shall be an event of default.
G. Insurance. The Association must maintain a comprehensive
general liability coverage which shall include, but not limited to,
bodily harm, property damage and personal injury. The
comprehensive general liability coverage shall be in an amount not
less than $600,000 for each occurrence and $600,000 for personal
injuries. These limits may be satisfied by the comprehensive
coverage liability policy, provided coverage umbrella or excess
liability policy, provided coverage afforded by the umbrella or
excess policy is no less than the underlying comprehensive general
liability coverage. The City shall be named as an additional insured
on the insurance policy.
The Association must keep in force during the term of this Lease a
policy covering damages to its property. The amount of coverage
shall be sufficient to replace the damaged property, loss of use and
comply with any other appropriate City ordinances or regulations.
H. Hazardous Materials, The Association will be solely responsible for
and will defend, indemnify and hold the City, its agents and
employees from and against any and all claims, costs, and liabilities
including attorney) fees,'and costs, arising out of or in connection
with the cleanup or restoration of the tennis court area and access
area resulting from the Association's use of hazardous materials;
provided that the Association shall have no responsibility or liability
for any condition existing prior to this Lease or for the removal of
any improvements specifically authorized by the City. For purposes
of this agreement, "hazardous materials" shall be interpreted
broadly and specifically includes, without limitation, asbestos. fuel,
batteries, or any hazardous substance, waste or ,materials as
defined in any federal, state or local environmental or safety law or
regulations including but not limited CERCLA. The City represents
that it has no knowledge' 'of any hazardous materials on the
property.
I. Indemnification, The Association agrees to defend, indemnify and
hold the City harmless from any and all costs, including reasonable
attomey's fees, and claims of liability or loss which arise out of the
Association's use and/or maintenance of the property except those
which arise from the negligence, willful misconduct or other fault of
the City. As used in the previous sentence the term "Association's
Use" means the Association, members of the Association, guests of
members of the Association and invitees of members of the
Association.
J. Compliance with Requlations, The Association and its members
shall use the tennis court and the access areas in compliance with
all of the City's regulations and in a manner that does not create a
nuisance for adjoining property owners.
K. Default. A violation of termq of this Lease by the Association or its
members shall be an eventat'default. If a default occurs, the City
shall provide the Association of a ten (10) day notice to cure such
default. Failure to cure the default within the appropriate time shall
result in an automatic termination of the Lease.
L. Authority, Each party represents that they have been authorized to
enter into this Lease Agreement.
M. Goveminq Law. This Lease shall be construed in accordance with
the laws of the State of Minnesota.
N. Severability. If any term of this Lease is found to be void or invalid,
such the invalidity shall not affect the remaining terms if this Lease,
which shall continue in full force and effect.
. ;'i..
IN WITNESS WHEREOF, the above-named parties have hereunto set
their hands.
CITY OF ARDEN HILLS
By:
Stan Harpstead
Mayor
ARDEN HILLS III ASSOCIATION
By:
Its: President
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Sheehy Tennis Court Future Options
September 24, 2007
Attachment 8B-2:
Minutes from April 9, 2007 Regular City Council Meeting
ARDEN HILLS CITY COUNCIL - APRIL 9, 2007
3
pipe was not located in the center of the drainage ditch easement. Although the eascment was.
dedicated to the City, the County maintains and operates the drainage pipe.
She stated while the easement was the appropriate width for the depth of the pipe, the pipc was
not at the center of the casement, which meant the easement included unnecessary portions of the
property.
She indicated since realigning the drainage cascment would resolve a discrepancy between !he
true location of the drainage pipe and the drainage easement, staff was recommending approval
of the drainage cascment realignment. The small portions of the drainage easement that would
be releascd to the property owner did not have a public use.
She recommended approval of Resolution 07-45 for the vacation of the drainage easement of
document number 1742652 and the aceeptance of a realigned drainage easement at 3210
Hamline Avenue North as amended by the following four conditions:
1. The applicant shall submit evidence of title for 3210 Hamline Avenue North that
is acceptablc to the City Attorney before the City records Resolution 07--45.
2. If there is a mortgage, the applicant shall obtain a signed consent to the easement
from the mOligagee before the City records Resolution 07--45.
3. The applicants shall sign !he Grant of Permanent Easement for !he realigned
easement before the City records Resolution 07--45.
4. The legal description shall be subject to City Attorncy approval.
Mayor Harpstcad opened the public hearing at 7; 11 p.m.
There were no commcnts made.
Mayor IIarpstead closed the public hearing at 7; 12 p.m.
MOTION; Councilmember Grant movcd and Councilmember McClung, seconded
a motion to approve Resolution 07-45: Approving the Vacation of the
Drainage Easement in Document Number 1742652 and !he Acceptance of
a Realigned Drainage Easement at 3210 Hamline Avenue North as
Amended by the Four Conditions in Planning Case 07-007. The motion
carried unanimously (5-0).
if
7.
NEW BUSINESS
A. Motion to Approve a Temporary Restated and Amended Lease Agreement dated April 9,
2007 Allowing Arden Hills Association #3 to Have Exclusive Use of the Sheehy Tennis
Court from April 9, 2007 through December 31,2007
ARDEN HILLS CITY COUNCIL - APRIL 9, 2007
4
Ms. Olson summarized the Sheehy Tennis Court Lease Agreement. She recommended Council,
allow staff further time to evaluate all potential uses of this site. Therefore, staff recommends
approval of a temporary restated and amended lease agreement dated April 9, 2007 allowing.
Arden Hills Association #3 to have exclusive use of the Sheehy Tennis Court from April 9; 2007
until December 31, 2007. Staff will bring back a comprehensive report to a future meeting for
further discussion.
MOTION; Councilmcmbcr Holden moved and Councilmember Grant seconded a
motion to approve a Temporary Restated and Amended Lease Agreement
dated April 9, 2007 Allowing Arden Hills Association #3 to Have
Exclusive Use of the Sheehy Tennis Court from April 9, 2007 through
December 31, 2007.
Councilmember Holden stated she would be voting against this because she believed they
violated the original lease by not paying the City and not maintaining the Court.
Councilmember McClung stated he would also be voting against this for the same reasons as
well as having an exclusive lease for land that was donated to the City. He requested staff send
this to the PTRC and come back with a proposal.
Councilmembcr Holmes stated she believed this should be extended for another year, but
agreed the PTRC should look at this. She stated she did not believe anybody outside of the
association would play tennis on this Court anyway. She noted they did need a diSCUSSion on
how they could get the association to maintain the court.
Mayor Harpstead stated he believed this was a reasonable request and he would be voting in
favor of the motion.
Councilmember Grant stated he would be voting in favor of the motion because by the
association obtaining the insurance it was a better situation then not having insurance and he
believed allowing staff additional time to evaluate this was appropriate.
Councilmember Holden stated she believed if the court was maintained, it would be used by the
public.
Councilmember McClung noted there has not been any upkeep to the faeility and it was in poor
shape and simply extending this to deal with the liability issues was not enough for him to vote in
favor of this.
Todd Elbertson, Association Representative, stated shortly after they signed the agreement,
they did have the court power washed and the cracks filled. He noted before they did this again,
they wanted to have assurance that they had a new agreement. He indicated the court was due
again for this type of maintenance.
The motion carried (3-2 Councilmembers Holden and McClung opposed).
Sheehv Tennis Court Future Options
September 24. 2007
Attachment 8B-3:
Quotation to resurface the court
Quotation
From: Finley Bros., Inc.
dba Tennis West
}'.O. Box 677
Hopkins, MN 55343
Pb. 952-933-8272
Fx. 952-933-6164
To: Arden Hills Parks
c/o Michelle Olson e.) michelle.o1son@ci.arden-hiJls.mn.us
0.) 651-634-5128 f.) 651-634-5137
Re: Resurfacing a (1) doubles tennis court.
At Sheehy Park. ( N. Hamline & E. Snelling)
Description of work to be done:
Area ( approx.): 60'xI20'
. Treat with outdoor bleach
· Pressure wash entire hard court .
· Scrape to remove delaminating paint.
· Fence line foliage, roots, and branches by owner.
· Clean, treat with a defoliant and tlll cracks.
Note: Do to the nature of structural cracks, their
permanent repair Can nor be f{uaranteed.
· Patch and level "bird bath" areas.
Note: A maximum of three (3) applications.
· Provide a Nova Sports acrylic color surface system
For existing asphalt construction.
· Color: red/green with 2' 'white playing lines, per USTA rules.
.......................$ 6,470.00
Estimate accepted:
Date;
60110 39\1d
8NI SOCJEt ^3lNU
/>919EE5655
55:66 L0061L6/90
Sheehv Tennis Court Future Options
September 24. 2007
Attachment 8B-4:
2002 Parks, Trails, and Open Space Plan - Sheehy Park Future Proposal
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Cumminl!s Park - Add a new unpaved looped trail near lhe lake. Add a paved trail connection to
Wyncrest Circle. Provide directional signs on City streets to guide users to the park and parking area on
Fair Issac's property. Add parkingffrail Head near the Cily water tower south of the park. Replace the
lennis courts with a parking lot with access off ofWyncrest Court. Add a bench on the new trail for lake
viewing. Add a drinking fountain. Add a sign and map at the park entrances to provide park and trail
identification.
Floral Park - The lrail entrance in the northwest comer oflhe park is narrow, overgrown and in poor
shape and should be reconstructed. Individual amenities within tile park should be connected to trails for
ADA accessibility. Additional unpaved looped trails should be constructed in tile park to provide more
walking and nature watching opportunities. The tennis courts should be reconstlUcted Witil a full basketball
court. A new parking lot should be constructed in the center area oflhe park to provide better access to
the ball fields and other park amenities. Add a sign and map at the park entrances to provide park and trail
identification.
Freewav Park - Replace the warming house. Add a new paved parking lot off of County Road E. Add
parking stalls off of Arden Place. Pave the hockey rink for year-round use. Add a paved trail and a half
baskelball court. Remove former street paving.
Hazelnut Park - Connect existing recreational features to paved trails for ADA accessibility. Add a trail
connection to New Brighton Road. Replace the warming house with a new structure. Manage the wood-
lands 10 remove undesired species such as Buckthom and Honeysuckle. Install shaded benches near
recreational features. Add lights from parking lot to skating rink. Add a drinking fountain. Add a sign and
map at lhe park entrances 10 provide park and trail identification.
Inl!erson Park - Add a connecting trail to Lexington, Fernwood Court and Lake Lane, utilizing a sewer
easement 10 Femwood as a trail corridor and Lake Lane as a trail access point. Install a 9-hole disc golf
course. Expand lhe parking lot. Connect all existing and fUlure park feaIures to paved lrails for ADA
accessibility. Add a sign and map at the park enu'ances to provide park and trail identification.
Lindey's Trianl!le- Provide benches and park identification sign at tile corner of Snelling and County Road
E. Leave as unprogrammed open space. Install a paved trail segment connecting lhe Snelling cul-de-sac
to Counly Road E.
Round Lake Park- Add a trail connecting Old Highway 10 to the trail west of Round Lake by easement
or land acquisition. Add a parking lot at Parkshore Drive. Add community garden plots and soccer fields.
Acquire more land for additional soccer fields as needed by the City. Add a sign and map at the park
enu-ances to provide park and trail identification.
Royal Hills - Add a paved trail through the park. Add a tennis court adjacent to the existing court.
Relocale lhe play equipment out of the sliding hill roule. Move garden area towards the park entrance.
Sampson Park- Add landscaping within the park to provide imeresl and improve aesthetics. Detach the
basketball court from the road pavement and replace with a trail segment. Add a sign and map at the park
entrances 10 provide park and u'ail identification.
Sheehv Park -Add an unpaved tmil across the park connecting Old Snelling Avenue with Ridgewood
18
Road. Mainlain a mowed trail along Old Snelling Avenue. Add benches and create an overlook near lhe
pond. Remove the existing damaged tennis courts.
Valentine Park - Add a looped trail around the inside of the park. Connect existing recreational feaIures
to paved trails for ADA accessibility. Reconfigure parking lot to detach park features from the parking lot
pavement. Add a new warming house/picnic shelter. Move the hal f basketball court. Add a toilet screen
and storm ponds.
Parks and Open Space Acquisitions
To improve the function of exisling parks and to provide better service to certain neighborhoods, parks and
opcn space acquisitions are recommended.
Dedication of parks, trails and open space on TCAAPis recommended in accordance with the Vento Re-
use Master Plan and the City Comprehensive Plan.
Charles Perry Park - The residential propcrty adjacent to Charles Perry should be acquired to minimize
the potential conflict caused by reflected light, noise and trespassing while providing an opportunity to
expand the recreational offerings in the park and to provide better park access.
Round Lake Park - The open land west of Round Lake Park should be acquired to provide adequate
space forcommunily soccer fields. The amount of property to acquire should be determined by the number
and size of the fields needed. This land should be obtained by park dedicalion and acquisition as possible.
Round Lake Trail Easements- The remaining easements should be acquired to complete the trail around
the west and south sides of Round Lake and make the trail connection to the 1-35W railroad bridge
(potential future a'ail crossing).
Cumminl!s Park - Parking for Cummings Park currently occurs on Fair Issac's company parking lot. The
Cily does not have a long-tenn agreement for continued use of that parking lot. A long-tenn use agreement
should be obtained or the City should acquire other adjoining land to provide parking for Cummings Park.
Indoor Facilities
Although there was some interest in having indoor recreational facilities, community inputdetennined that the
facilities in sun-ounding communities and those provided by the Mounds View School Disaictand Bethel
and Northwestern Colleges were adequate. Within the community there was little support for spending tax
dollars for a separate facility. Shoreview's Community Center and indoor swimming pool is located less thai
3/4 mile to the east of Arden Hills and New Brighton's Family Service Cenler (gyms, exercise area and
indoor children's play area) is located 1/3 mile to the west of Arden Hills.
19
Sheehy Tennis Court Future Options
September 24. 2007
Attachment 8B-5:
Tennis Court Removal Cost Estimate
Sheehy Tennis Court Removal
Cost Estimate
(iA~I!ilk!4I!ilKJFe;I'l(iSKRSM()Yl1#.l;!'~0 Approx. Hours Approx. Cost
Staff 14 full time) 16 hours $ 2,240.00
1) Backhoe 8 hours $ 400.00
(1) ChoD Saw 4 hours $ 20.00
(1 lOvard Dumpster $ 500.00
1 Skidsteer 8 hours $ 133.60
1 Trailer 8 hours $ 60.00
1) DumnTruck 8 hours $ 236.48
$ 3,590.08
rox. Hours A rox. Cost
16 hours $ 2,240.00
8 hours $ 400.00
8 hours $ 304.24
16 hours $ 472.96
$ 3,417.20
rox. Hours A rox. Cost
8 hours $ 936.00
$ 100.00
8 loads $ 626.00
6 hours $ 354.72
8 hours $ 133.60
8 hours $ 60.00
4 hours $ 100.00
$ 2,310.32
IGRAND TOTAL 1$ 9,317.60 I